What is the defence of defence in a sexual assault case?

Ontario, Canada


The following excerpt is from R. v. A.D.H., 2014 ONSC 6047 (CanLII):

An accused person is entitled to rely upon all alternate defences for which a foundation of fact appears in the record and it matters not whether the evidence forming this foundation emanates from the Crown or the defence. What is essential is that the record contains evidence which, if accepted by the trier of fact, would constitute a valid defence to the charge laid. (See Wu v. The King, [1934] S.C.R. 309).

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